Amendment of Violation Classifications Relating to Safety of Construction Equipment

Adopted Rules: Closed to Comments

Effective Date: 
Friday, April 15, 2016
Agency:

Statement of Substantial Need for Earlier Implementation 

I hereby find, pursuant to §1043(f)(1)(c) of the New York City Charter, and hereby represent to the Mayor, that there is substantial need for the implementation of the amendment to Section 102-01, subdivision (j), of Title 1 of the Rules of the City of New York (“RCNY”) regarding the classification of certain violations related to the safe operation of construction equipment.  

Construction safety is a critical concern for the Department.  Therefore, this rule seeks to enhance safety at construction projects by adding two new violation classifications that will enable the Department to more effectively enforce Commissioner’s Orders related to the safe operation of construction equipment.


Statement of Basis and Purpose of Rule  

In order to encourage swift and decisive compliance with safety-related orders and other laws and rules at construction sites, the Department of Buildings is adding two new violation classifications and amending another. The new classifications enable the Department to help ensure public safety and more effectively enforce the laws, rules and Commissioner's orders related to the safe operation of construction equipment. The Department is also amending one violation section and description by deleting a reference to a section that was repealed by Local Law 33 of 2007 and by clarifying two words that had been abbreviated. 

The Department of Buildings’ authority for these rules is found in sections 643 and 1043 of the New York City Charter and section 28-201.2 of the New York City Administrative Code. 

New material is underlined. 

[Deleted material is in brackets.]